Being charged with a criminal offense is a harrowing experience. The time immediately following an arrest or criminal charge is painfully difficult. The stakes are high, with great potential for life-altering long-lasting effects. An Illinois criminal defense lawyer familiar with courts in the Chicago area on your side from the start can help you start to deal with the problem effectively. An experienced lawyer can help avoid potential pitfalls and mistakes that are easy to make. Our attorneys can work together to creating a comprehensive, thorough and aggressive defense strategy best suited to your personal situation.
Areas of Practice
At Fagan, Fagan & Davis, we understand the emotional trauma clients go through when accused of an Illinois criminal offense. We are dedicated to offering our clients the full benefit of our combined years of experience and training to defend them against prosecution. Our team is ready to defend you against a variety of charges, including criminal offenses like:
Assault & Battery
Assault and battery are distinct criminal offenses under Illinois law, though often regarded as part of a single Chicago area police take these crimes seriously and you need a criminal defense lawyer able to defend you. Assault involves threatening someone with a battery. Battery involves either intentionally causing physical harm or physical contact of an insulting or provoking nature. Here's a video about Assault and Battery in Illinois criminal law.
If you have been accused of possession of a stolen motor vehicle in Illinois, you could be facing felony charges of auto theft. If a weapon or violence is used in commission of the offense, the crime becomes vehicular hijacking and you face even harsher penalties.
Burglary is always charged as a felony offense under Illinois law, and in the case of Residential Burglary, probation is not an option. You need an aggressive Illinois criminal attorney to defend you in court. Burglary involves unlawfully trespassing on someone's property with the intention of committing a crime within. Most commonly, the crime intended is theft of property, but there are many other possibilities.
Clearing Your Criminal Record
If you have a criminal record in Illinois, there is a way to have it cleared. The process of expungement or sealing are two ways to accomplish this, and so important when facing employment opportunities or immigration issues. Expungement can clear your record and sealing can make your record private in cases of most misdemeanors and some felonies.
Domestic violence includes domestic battery, harassment, stalking, electronic harassment, violation of an order of protection, and any form of physical, emotional, or sexual abuse towards a member of one's family, household or even someone with whom the defendant had a past relationship like a boyfriend or girlfriend.
Some of the most aggressively prosecuted crimes in the Chicago area are drug crimes. It is crucial that you retain the services of an Illinois criminal attorney experienced in drug crime defense. Whether you were arrested for possession of a controlled substance, possession with intent to deliver, drug manufacturing, distribution or DUI drugs, a Chicago criminal defense attorney from our firm has the knowledge to help defend you in court throughout northern Illinois.
DUI (Drunk Driving or Drugged Driving)
If you were driving or in physical control of a vehicle anywhere in Illinois and found to have a breath or blood alcohol concentration of 0.08% or higher, or if accused of driving while impaired, you face being convicted of driving under the influence. DUI includes alcohol as well as prescription and illegal drugs. Arrest for DUI in Illinois also typically involves a suspension of your driver's license. To avoid having your license revoked or paying steep fines, contact an experienced Illinois DUI attorney from our firm.
Felony Criminal Defense
Felony crimes involve more severe penalties than misdemeanors, and involve prison sentences of one year or longer. If you are convicted, you significant jail time, large fines and loss of privileges and rights people take for granted every day. Certain offenses also result in a loss of driving privileges, registration as a sex offender, and can damage your reputation for life. A solid criminal defense is a must.
A hate crime is any crime of violence for which the motive can be established to be based on race, religion, sexual orientation, ethnicity, disability or gender prejudice. This could include crimes such as arson, battery, assault, mob action or murder.
Hit and Run
If involved in an accident and you are accused of leaving the scene, you face very serious penalties. leaving the scene of an accident involving personal injury or property damage can be charged as a misdemeanor or a felony, depending on the circumstances of the case. Fleeing the scene of a serious injury or death accident may be charged as a felony in Illinois.
Under Illinois criminal law, Involuntary manslaughter can be charged under 720 ILCS 5/9-3(a). Involuntary manslaughter does not require premeditated killing or malice aforethought. Involuntary manslaughter is the unintentional killing of another person due to negligence or recklessness. Reckless homicide is a different offense found under the same Illinois criminal code. Reckless homicide is the unintentional killing of an individual when a vehicle or watercraft is involved. Both offenses are serious felony cases.
Though not as severe as a felony, a misdemeanor can still result in up to one year in jail and up to $2500 in fines plus court costs. The degree of punishment for criminal misdemeanors vary based on the unique circumstances involved. Under Illinois criminal law, charges of retail theft, possession of cannabis, assault, simple battery, aggravated speeding, reckless driving or DUI, are typically charged as misdemeanor offenses in their most simple forms.
Murder, under the Illinois law found at 720 ILCS 5/9-1 and 9-2, is the intentional taking of a life, and can be charged as First degree murder or Second degree murder. First degree murder is premeditated, knowing and intentional. Malice aforethought is required. Second degree murder is in not premeditated, and is often described as a crime of passion, usually involving a situation where the defendant has been strongly provoked.
Robbery is theft by means of force or threat of force. If accused of robbery, you need to seek legal counsel immediately. If force was threatened or carried out using a weapon, you face charges of aggravated robbery or armed robbery. Depending on the circumstances, you could face Class 1 felony charges, and probation may not be available.
Sex crimes in Illinois include charges such as sexual battery, criminal sexual abuse, rape, date rape, prostitution, child molestation, predatory criminal sexual assault, possession of child pornography, custodial sexual misconduct, grooming, solicitation or indecent exposure, you could be convicted of a sex crime. Illinois criminal courts take sex crimes very seriously, and specially assigned prosecutors are trained to pursue aggressive enforcement of the law. If you face this type of allegation, you must speak with an experienced Illinois criminal lawyer at our firm as soon as possible.
Retail Theft or shoplifting
People often think of shoplifting as a minor offense, but a conviction could have lasting effects on your future. It is typically charged as a misdemeanor in Illinois, which results in up to $2500 in fines plus court costs and up to 364 days in jail. Conviction creates a permanent record. A second shoplifting is typically charged as a felony. An experienced Chicago criminal attorney can advise you of important options that may be available to avoid conviction.
Theft crimes in Illinois include charges of possession of a stolen motor vehicle, robbery, burglary, retail theft, credit card theft, embezzlement, forgery and deceptive practices. Actually stealing something is not necessary to commit many types of theft. Merely being in possession or accepting stolen goods or items may also result in criminal prosecution.
By paying a traffic ticket through the mail or online, you plead guilty to a traffic violation. In many cases, this involves a conviction, and in every case, prevents even the possibility of dismissal or amendment of the charges. Traffic tickets can affect your driving record, insurance, and if convicted of enough violations, your driver's license may be suspended. DUI, speeding, running a red light or disobeying a traffic control device, failure to yield, reckless driving, driving without a valid license and improper lane usage are all examples of common traffic violations.
Unlawful Use of a Weapon
Unlawful sale, use, or possession or a weapon is most often charged as a felony in Illinois. Chicago prosecutors take a zero tolerance approach to UUW charges. To protect your freedom and your future, speak with a Chicago criminal defense attorney from our firm.
Violent crimes include several different types of crimes, including robbery, assault, battery, domestic violence, hate crimes, burglary, murder, manslaughter, aggravated discharge of a firearm. Our law firm is more than qualified to help.
White Collar Crimes
White collar crimes are offenses related to theft or fraud typically committed by a person in a corporate or government setting. These crimes carry stiff penalties, and can seriously damage your personal reputation. Criminal defense of these types of crimes require a knowledge of how business works, as well as a high degree of sensitivity and care.
Criminal Defense Videos
For more information concerning criminal defense in Illinois, we invite you to watch our informational videos. The Chicago criminal defense attorneys from our firm have over one hundred years of experience in helping clients throughout Illinois, and we look forward to discussing how we can help you.